05 LC 18
3922
House
Bill 370
By:
Representatives Kidd of the
115th,
Jacobs of the
80th,
Bordeaux of the
162nd,
Smith of the
113th,
England of the
108th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating
to property exempt from ad valorem taxation, so as to provide for an exemption
for certain charitable institutions; to provide for a referendum, applicability,
and effective dates; to provide for automatic repeal under certain
circumstances; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-5-41 of the Official Code of Georgia Annotated, relating to property
exempt from ad valorem taxation, is amended by striking subsection (d) and
inserting in its place a new subsection (d) to read as follows:
"(d)(1)
Except as otherwise provided in paragraph (2) of this subsection,
this
This
Code section, excluding paragraph (1) of subsection (a) of this Code section,
shall not apply to real estate or buildings which are rented, leased, or
otherwise used for the primary purpose of securing an income thereon and shall
not apply to real estate or buildings which are not used for the operation of
religious, educational, and charitable institutions. Donations of property to be
exempted shall not be predicated upon an agreement, contract, or other
instrument that the donor or donors shall receive or retain any part of the net
or gross income of the property.
(2)
With respect to paragraph (4) of subsection (a) of this Code section, real
estate or buildings which are owned by or which are rented or leased to a
charitable institution may be used for the purpose of securing an income so long
as such income is used primarily for the operation of that charitable
institution."
SECTION
2.
Unless
prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary
of State shall call and conduct an election as provided in this section for the
purpose of submitting this Act to the electors of the State of Georgia for
approval or rejection. The Secretary of State shall conduct that election on
the date of the November, 2006, state-wide general election. The Secretary of
State shall issue the call and conduct that special election as provided by
general law. The Secretary of State shall cause the date and purpose of the
special election to be published in the official organ of each county in the
state once a week for two weeks immediately preceding the date of the
referendum. The ballot shall have written or printed thereon the
following:
|
"( ) YES
( ) NO
|
Shall
the Act be approved which grants an exemption from ad valorem taxation on
property of a charitable institution which generates income when that income is
used primarily for the operation of such charitable institution?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and all
persons desiring to vote for rejection of the Act shall vote "No." If more than
one-half of the votes cast on such question are for approval of the Act, then
Section 1 of this Act shall become effective on January 1, 2007, and shall apply
to all taxable years beginning on or after that date. If Section 1 of this Act
is not so approved or if the election is not conducted as provided in this
section, Section 1 of this Act shall not become effective and this Act shall be
automatically repealed on the first day of January immediately following that
election date.
SECTION
3.
Except
as otherwise provided in Section 2 of this Act, this Act shall become effective
upon its approval by the Governor or upon its becoming law without such
approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.